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律师函英文Lawyer’s letter

Lawyer’s letter

                 （2014）Guangdong Century Chinese law Office No.LH        

Mr. Wu：

Commissioned by Neltronics Shenzhen Ltd and Neltronics Hong Kong Ltd，According to the provisions of the law, here Guangdong Century Chinese law Office send you this lawyer letter because of the thing that you violated trademark right of Neltronics Shenzhen Limited.

1.Relevant situation reflected by Neltronics Shenzhen Limited

  Neltronics Shenzhen Limited is the sole authorized importer and distributer in China by Beltronics and Escort Inc., and it owns the only right to sell Beltronics and Escort products in China, meanwhile, it has been assigned the exclusive right to use  “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” and other series trademark in China. Besides, Neltronics Shenzhen Limited also in accordance with the law to have the right and duty to protect intellectual property rights, especially trademark right, tradename right, portraiture right  and others of Beltronics and Escort Inc.

you was permitted by Neltronics Hong Kong Limited to import and distribute “BELTRONICS” ”ESCORT” products inside China. However, due to you’s arrears payment, plus your decline of sales performance, Neltronics Hong Kong Limited informed you to terminate all agreement of importing and distributing “BELTRONICS” ”ESCORT” products on October 1st, 2014. Therefore, you has no right to continue selling of “BELTRONICS” ”ESCORT” products in China, and you has no right to continue use of “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” products trademark. However, after the termination of contract, you still continues to sell “BELTRONICS” ”ESCORT” products online and illegally use “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” and other series trademarks. Your above mentioned behavior has seriously violated trademark exclusive rights of Neltronics Shenzhen Ltd and Neltronics Hong Kong Limited, who has asked you company for several times to stop this behavior, but you ignored and still continue.

2.Relevant laws and regulations

2.1the fifth term of < Anti-unfair competition law of the People's Republic of China> says: Operators shall not adopt any of the following unfair means to engage in market transactions, and damage competitors:

lCounterfeit the registered trademark of others

lUnauthorized use of the specific name, packaging, decoration of well-known goods, or unauthorized use of the similar specific name, packaging, decoration of well-known goods and cause confusion with others’ well-known products, thus, have customers misunderstood and took your products as the real famous products.

lUnauthorized use of the enterprise name or the name of others and lead to mistaken for the goods of others.

lForge or falsely use certification mark, famous-and-excellent-product marks or other product quality marks, forge the place of production, and do others to mislead customers to have false understanding of product quality.

2.2the 55th term of <The trademark law of the People's Republic of China> says: any one of the following behaviors belong to infringe the exclusive use of a registered trademark.

lWithout the permission of the trademark registrant, but use its registered trademark of the same trademark on the same commodity.

lWithout the permission of the trademark registrant, but use the similar registered trademark of the same trademark on the same commodity. Or use similar registered trademark on the similar products and others easily to cause confusion.

lSell and infringe the exclusive use of a registered trademark product.

lForge, unauthorized make others’ registered trademark logo, or sell forged, unauthorized others’ registered trademark logos.

lChange its registered trademark without the permission of the trademark registrant and put trademark replaced goods into market again.

lDeliberately to provide convenient conditions for infringement of the trademark by others, help others’ implementation of trademark infringement;

lCause other damage on others’ exclusive use of a registered trademark.

3.The lawyer’s opinion

From documents and proof from Neltronics Shenzhen Ltd and Neltronics Hong Kong Limited, what these companies reflected should be real and have proof to prove. “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” and series trademark has been registered both in Hongkong and China mainland, Neltronics Shenzhen Limited and Neltronics Hong Kong Ltd has gained exclusive sole authorized right for  “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” and series trademark from Beltronics and Escort Inc. exclusive use of these trademarks of Neltronics Shenzhen Limited is legally, effectively protected by Chinese law.

Neltronics Hong Kong Limited has terminated all agreements with you on October 1st, 2014, and cancelled authorization of you’s selling of   “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” series products, therefore, you should immediately stop selling of “BELTRONICS” ”ESCORT” series products and stop use  “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” series trademark. However, so far, you still sell  “BELTRONICS” ”ESCORT” series products online and still use  “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” series trademark. Above mentioned you behavior has seriously infringed the exclusive trademark use right of Neltronics Hong Kong Limited and Neltronics Shenzhen Ltd.

Me, the lawyer, hereby inform you to stop infringement as long as you receive this lawyer letter, meanwhile, stop selling of  “BELTRONICS” ”ESCORT” series products and use of  “BELTRONICS”、“PASSPORT”、”PERFORMANCE RULES”、“VECTOR”, “ DRIVE SMARTER” series trademark. If you cannot do this, and don’t contact with me or Neltronics Shenzhen Limited, I will institute legal proceedings according to authorization of Neltronics Shenzhen Limited. At that time, you has to immediately stop the infringement, and you also has to pay compensation fee to Neltronics Shenzhen Limited for all economic loss caused by you’s infringement. Besides, you shall bear the cost of the case, lawyer fee and other fees. Meanwhile, other serious negative influence on you will come.

Please think twice and take this seriously to avoid litigation. Any rights and interests of  Neltronics Shenzhen Limited will not be weakened because of this lawyer letter.  

Guangdong Century Chinese law Office

                          Lawyer ：

                          December 12th, 2014

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